Appointment War Ends, Freeing 5,000 `Hostages`

October 18, 1985|By United Press International.

WASHINGTON — A constitutional battle of wills between President Reagan and Senate Democratic leader Robert Byrd has ended with more than 5,000 ``hostages`` set free and confirmed to government and military posts.

Byrd, of West Virginia, had objected to confirming 76 top executive nominees and more than 5,000 military promotions as a protest against Reagan`s use of the ``recess appointment`` power to put people in jobs without Senate approval during congressional recesses.

Byrd finally released his ``hold`` late Wednesday after getting White House assurances that he and Senate Republican leader Robert Dole would be informed well in advance of impending recess appointments.

The Senate then by voice vote approved 76 civilian nominations and more than 5,000 military promotions. The nominees included federal judges, sub-Cabinet officials, members of advisory panels, U.S. attorneys and marshals.

``We`re pleased that Sen. Byrd has seen fit to release his hold on our nominees,`` said White House spokesman Larry Speakes, who earlier in the day launched an unusually strident personal attack on the Democratic leader.

``One man is holding the entire 5,000 hostage in the United States Senate,`` he had said. ``We call on the minority leader, one man, to release these hostages--set them free.``

Among those not approved were Winston Lord as ambassador to China, who is being blocked by Republican conservatives.

Others not approved and also blocked by Republican ``holds`` include Alex Kozinski to the 9th U.S. Circuit Court of Appeals, George Gould as undersecretary of the Treasury, Charles Sethness as assistant Treasury secretary and James Spain as ambassador to the Maldives.

Under the Constitution, the president may name people to office without Senate confirmation if Congress is in recess, and they may serve throughout the congressional term--in this case, through next year.

Reagan has maintained that the constitutional privilege has been used by his predecessors back to George Washington. A Library of Congress search revealed that Reagan has made more recess appointments, 146, than anyone else since records started being kept in 1933.

Reagan made additional nominations Wednesday, among them former Sen. James Buckley to the U.S. Circuit Court of Appeals for the District of Columbia, considered the nation`s second highest court.

Reagan also named John Noonan to the appeals court based in California and Glenn Archer, assistant attorney general for taxes, to a spot on the recently created Federal Circuit Court, which hears customs and patent cases. Noonan, 58, a University of California law professor, is a well-known opponent of the Supreme Court`s decision legalizing most abortions.

Archer, 56, a Washington lawyer, has been in charge of the Justice Department`s tax division since 1981.